The tenancy trail

Answer:

This is probably, but not necessarily, a license.  If it is a license then the occupant (or licensee) will not have the protection granted to tenants, and rights are more limited.

Members will find an article about residential licenses  here.

Accommodation on boats

It is not possible for accommodation which is provided on a boat to be a tenancy – as it is not ‘land’.  Even if the boat would fall apart if it were moved, it is still not capable of being a tenancy which is ‘an interest in land’.  Landlord Law members will find more in the FAQ here.

Service accommodation

If an employee is required to live in accommodation as part of their job, then this will also be a residential license.  Examples include live-in nannies, housekeepers and gamekeepers.

However, if living in the accommodation is not necessary for the employees work, for example, if it is provided as a ‘perk’ – then it is likely to be a tenancy (if all of the other elements of a tenancy apply).

Family arrangements

Here it really depends on the circumstances.  For example, if a tenancy agreement has been provided and the occupier pays rent in the same way as a ‘normal’ tenant then it will be a tenancy.  However, if it is a very informal arrangement where a family member is allowed to live in a property, particularly if no market rent is paid, then it may be deemed to be a license only.

These situations can prove very difficult if relations break down and the landlord wishes the family member to leave.  In most cases, it will be necessary to use solicitors and obtain advice on the best way to proceed.

Caravans

Accommodation on a caravan can be a tenancy but only if the caravan is stationary – for example, if it is fixed in position and cannot move, with services such as electricity and water connected.

Otherwise, it cannot be classed as ‘land’ and cannot form the subject matter of a tenancy.  So the occupier will have a license only.

If it looks as if your situation could be a tenancy please click Next.